Maple Shade Township recently adopted an ordinance regulating the removal and replacement of trees located on private property. Chapter 191 of Maple Shade Township’s Code addresses trees. Here is what Maple Shade requires to remove a tree:
Tree Removal Application Process
Any person planning to remove a street tree with DBH of 2.5 inches or more or any non-street tree with DBH of six inches or more on their property shall submit a tree removal application to the Administrative Officer. No tree shall be removed until the Administrative Officer has reviewed and approved the tree removal application.
Fees
The application fee for tree removal is $25.00.
Tree Replacement Requirements
- Within a five-year period, any person who removes one or more street tree(s) with a DBH of 2.5 inches or more, unless exempt, shall be subject to the requirements of the Tree Replacement Requirements Table below. Applicants will be subject to and must pay when applying, an application fee as per the tree replacement requirements below.
- For applicants, other than a homeowner:
- Within a five-year period, any person, other than a homeowner, who removes one or more tree(s) with a DBH of six inches or more per acre, unless exempt under Subsection D of this section, shall be subject to the requirements of the Tree Replacement Requirements Table below.
- For homeowner applicants:
- Within a five-year period, any person that removes more than three trees per acre that fall into categories 1, 2, or 3, combined, or any one tree in categories 4 or 5 in the Tree Replacement Requirements Table below, unless exempt, shall be subject to the requirements of the Tree Replacement Requirements Table below.
- The species types and diversity of replacement trees shall be in accordance with the approval of the Administrative Officer in his or her discretion.
- Replacement tree(s) shall meet the required actions in the table below and shall be planted within 12 months of the date of removal of the original tree(s).
- Replacement tree(s) shall be monitored by the applicant for a period of two years to ensure their survival and shall be replaced as needed within 12 months.
- Trees planted in temporary containers or pots do not count towards tree replacement requirements.
- The species type and diversity of replacement trees shall be in accordance with Trees for New Jersey Streets.
Tree Replacement Requirements Table
| Category | Tree Removed (DBH) | Required Action |
| 1 | DBH of 2.5 inches (for street trees) or 6 inches (for other trees) to 12.99 inches | Replant 1 tree in accordance with the approval of the Administrative Officer, with a minimum DBH of 1.5 inches for each tree removed |
| 2 | DBH of 13 inches to 22.99 inches | Replant 2 trees in accordance with the approval of the Administrative Officer, with minimum DBHs of 1.5 inches for each tree removed |
| 3 | DBH of 23 inches to 32.99 inches | Replant 3 trees with minimum DBHs of 1.5 inches for each tree removed |
| 4 | DBH of 33 inches or greater | Replant 4 trees with minimum DBHs of 1.5 inches for each tree removed |
| 5 | Tree of significance* | Replant 5 trees with minimum DBHs of 1.5 inches for each tree removed |
Tree Replacement Alternatives
- Plant replacement trees in a separate area(s) approved by the municipality.
- Pay a fee of $150 per tree removed. This fee shall be placed into a fund dedicated to tree planting.
Exemptions
Maple Shade exempts the following from the tree replacement requirements:
- Clearing, cutting, and/or removal of trees which is necessary to service, maintain, or ensure the continued safe use of a lawfully existing structure, right-of-way, field, park, and/or garden. The requirement of proper justification shall be met by submission of a written description certifying why the person needs to clear, cut, and/or remove trees to service, maintain, or ensure the continued safe use of a lawfully existing structure, right-of-way, field, park and/or garden and photographs substantiating same to the satisfaction of the Administrative Officer.
- Tree farms in active operation, nurseries, and garden centers. The requirement of proper justification shall be met by submission of a written description certifying the active lawful operation of a tree farm, nursery, or garden center and photographs substantiating the same to the Administrative Officer.
- Properties used for the practice of silviculture under an approved forest stewardship or woodlands management plan. The requirement of proper justification shall be met by submission of a written description certifying the property is used for the practice of silviculture under an approved forest stewardship or woodland management plan, copies of all such approvals thereof in writing, and a written statement from a licensed tree expert or arborist confirming such claim, to the satisfaction of the Administrative Officer.
- Any trees removed pursuant to a New Jersey Department of Environment Protection (NJDEP) or U.S. Environmental Protection Agency (EPA) approved environment clean-up, or NJDEP approved habitat enhancement plan. The requirement of proper justification shall be met by submission of a written description certifying that the property is subject to a New Jersey Department of Environmental Protection (NJDEP) approved or U.S. Environmental Protection Agency (EPA) approved environmental cleanup, or NJDEP-approved habitat enhancement plan, copies of all such approvals thereof in writing and a written statement from a licensed tree expert or arborist confirming such claim. To the satisfaction of the Administrative Officer.
- Approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife. The requirement of proper justification shall be met by submission of a written description certifying that the property is subject to approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game, and Wildlife, copies of all such approvals thereof in writing and a written statement from a licensed tree expert or arborist confirming such claim. To the satisfaction of the Administrative Officer.
- Nuisance trees may be removed with no fee or replacement requirement. The requirement of proper justification shall be met by submission of a written description certifying that the trees targeted for removal are nuisance trees, photographs substantiating the same, and a written statement from a licensed tree expert or arborist confirming such claim, to the satisfaction of the Administrative Officer.
